Terms of Service

Terms and Conditions

These Terms and Conditions apply to (i) the dbFX Website ("dbFX") and trading platform (the "Website") and (ii) the electronic content contained on the Website, as well as any features or content we may add in the future (the "Services"). In continuing to access or use the Website, you agree to follow the Terms and Conditions as they may apply to you. Clients of dbFX Services are also required to sign or electronically consent to one or more separate agreements ("Client Agreements"). In the event of any conflict between these Terms and Conditions and the Client Agreements, the conflicting terms of the Client Agreements shall control.

Scope and Effect of this Agreement

The services provided herein are operated by Deutsche Bank AG, London Branch ("Deutsche Bank"), either alone or in conjunction with its affiliates, agents and partners. To access any of the Services, and as a condition to visiting and using our Website generally, you must agree, without modification, to these Terms and Conditions. We may also ask you to follow additional rules, guidelines or other conditions that govern the use of a particular Service at the time you register for or use that Service. These Terms and Conditions incorporates by reference the rules and guidelines of any Service for which you have registered.

Revisions and Relations to Other Agreements or Disclosures

Deutsche Bank may revise these Terms and Conditions at any time, and you agree to be bound by future revisions. These Terms and Conditions will always be available for your review at the Terms and Conditions link at the bottom of the dbFX.com home page. In addition, Deutsche Bank will advise current users of the dbFX Trading Station by e-mail of material changes to the Terms and Conditions.

Deutsche Bank may offer other services from time to time that are governed by different or additional terms and conditions. The Services are subject to any disclosures or disclaimers found within the Services. Deutsche Bank reserves the right to modify or discontinue, temporarily or permanently, a Service (or any part thereof) with or without notice. You agree that Deutsche Bank will not be liable to you or to any third party for any modification, suspension or discontinuance of a Service.

Registration Information and Requirements

When you register for a Service, we may ask you to give us certain identifying information ("Registration"). You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Deutsche Bank for any purpose. We agree to treat with care the information you entrust to us, in accordance with the disclosures we give during the Registration process and in our Privacy Policy.

For your protection and the protection of our other clients and Website users, we ask you not to share your Registration information (including passwords, usernames, and screen names) with another person for the purpose of facilitating access and unauthorized use of the Service. You alone are responsible for all messages posted, statements made, or acts or omissions that occur within the Website through the use of your Registration information. If you believe that someone has used your Registration information to access any Service without your authorization, please contact our Client Service Department immediately.

Limited License

Deutsche Bank grants you a non-exclusive, non-transferable and limited personal license to access and use the Website. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You agree not to resell or permit access to the Website to others and not to copy any materials appearing on the Website for resale to others. You further agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Website. You shall not obtain any intellectual property rights in or any right or license to use such materials or the Website other than as set out herein.

Communications

Unless otherwise indicated for a particular Service, any communications or material of any kind that you e-mail, post or otherwise transmit through the Services, including data, questions, comments or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Deutsche Bank to reproduce, disclose, transmit, publish, broadcast or post your Communications either on the Website or elsewhere with no liability or obligation to you. Deutsche Bank is free to use any idea, concept, know-how or technique contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.

Deutsche Bank, its affiliates and agents are entitled, but not obligated, to review or retain your Communications. We may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Website, or for other reasons. You agree that Deutsche Bank's monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Deutsche Bank monitors your Communications and enforces or fails to enforce the rules and guidelines of any dbFX Service and the terms of this Agreement. In no event will Deutsche Bank be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of Deutsche Bank's monitoring activities.

Use of Services

The following requirements apply to your use of any Service:

• You will not use any electronic communication feature of a Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
• You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
• You will not collect or store personal data about other users.
• You will not use any Service for any commercial purpose not expressly approved by Deutsche Bank in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
• You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.

Market Information

We may make available to you through one or more Services a broad range of financial information that we generate internally or obtain from our agents, vendors or partners ("Third Party Providers"). This includes financial market data, quotes, news, analyst opinions and research reports. Collectively, we refer to this as "Market Information." Deutsche Bank does not endorse or approve the Market Information, and we make it available to you only as a service and convenience. Deutsche Bank and our Third Party Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or (2) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Deutsche Bank nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Deutsche Bank nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Deutsche Bank to receive Market Information.

Own Risk, Computer Access, Maintenance and Protection

You agree to use the Website at your own risk. You shall be responsible for providing and maintaining the means by which to access the Website, which may include without limitation a personal computer, modem and telephone or other access line. You shall be responsible for all access and service fees necessary to connect to the Website and assume all charges incurred in accessing such system. You further assume all risks associated with the use and storage of information on your personal computer.

You represent and warrant that (i) you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of computer viruses or other similar harmful or inappropriate materials, devices, information or data and (ii) you will not transmit to or in any way, whether directly or indirectly, expose Deutsche Bank or any of Deutsche Bank's online service providers to any computer virus or other similarly harmful or inappropriate material or device.

Technical Problems

You understand that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent you from accessing the Website. Deutsche Bank shall not be liable for, and you agree not to hold or seek to hold Deutsche Bank or any of its agents or service providers liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. Deutsche Bank does not represent, warrant or guarantee that you will be able to access or use the Website at times or locations of your choosing, or that Deutsche Bank will have adequate capacity for the Website as a whole or in any geographic location. Deutsche Bank does not represent, warrant or guarantee that the Website will provide uninterrupted and error-free service. Deutsche Bank does not make any warranties or guarantees with respect to the Website and its content, including without limitation, warranties for merchantability or fitness for a particular purpose.

Hyperlinks

The Website may contain links to other websites which are not controlled by Deutsche Bank and contain material produced by independent third parties. The owners of such linked websites do not necessarily have any relationship, commercial or otherwise, with Deutsche Bank. The existence of a link from the Website to any third party website does not constitute a recommendation or other approval by Deutsche Bank of such website its content or any provider thereof. Any opinions or recommendations expressed on third party websites are those of the relevant provider and are not the opinions or recommendations of Deutsche Bank. Deutsche Bank does not accept any responsibility for content, goods or services provided or offered on any website that may be accessed through links on the Website.

Trademarks and Copyright

All content, trademarks, services marks, trade names, logos and icons are proprietary of Deutsche Bank or its affiliates or agents and are protected by applicable copyright laws and international treaty provisions. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the written permission of Deutsche Bank or such third party that may own the trademarks. Your use of the trademarks, or any other content of the Website, except as provided herein, is strictly prohibited.

Images displayed on the Website are either the property of, or used with permission by, Deutsche Bank. You are prohibited from using or authorizing the use of these images unless specifically permitted under these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

Indemnification

You agree to indemnify and hold Deutsche Bank and its affiliates, agents, employees and licensors (including the Third Party Providers) harmless against all actions, claims, demands, proceedings, damages, costs, charges and expenses incurred by Deutsche Bank (including, but not limited to, reasonable attorney fees) arising out of or relating to (i) your violation of these Terms and Conditions, state, federal, local or other applicable laws or regulations or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right, or (ii) any misrepresentation made by you or any breach of your representations or warranties.

Term and Termination

Deutsche Bank may terminate the license granted under these Terms and Conditions at any time. Upon such termination, you agree to terminate access to the Services. You agree that Deutsche Bank, in its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service.

Governing Law

These Terms and Conditions, shall be governed by English law and the English courts will have jurisdiction to settle any disputes which may arise in relation thereto. For such purposes, you irrevocably submit to the jurisdiction of the courts of England and Wales in relation to any such dispute. Nothing in this Agreement shall prevent us from bringing proceedings against you in any other jurisdiction.